The New York Advisory Committee on Judicial Ethics issued an opinion addressing whether a county court judge may utilize a workout facility provided by the county sheriff’s department, which is available at no cost to “all county employees.”
The inquiry came from a judge seeking clarification on the permissibility of accepting free services offered by a facility associated with a law enforcement agency that regularly appears in court proceedings. The committee highlighted that judges are generally prohibited from accepting gifts, favors, or services unless specific exceptions apply, as outlined in the Rules Governing Judicial Conduct (22 NYCRR 100.4[D][5]).
The committee discussed the potential implications of a judge using the facility, emphasizing that it could create the appearance of favoritism and compromise public trust in the judge’s impartiality. The opinion noted that a county court judge, who is not classified as a “county employee,” presides over criminal cases and that accepting free access to the sheriff’s department’s workout amenities could suggest a special relationship that undermines the integrity of the judiciary.
In conclusion, the advisory committee determined that the county court judge is not permitted to use the workout facilities available to “all county employees” without charge. The opinion reinforced the importance of maintaining public confidence in the judicial system by avoiding situations that could lead to perceived conflicts of interest.
The committee, composed of 28 judges, both current and retired, is co-chaired by Honorable Debra L. Givens and Honorable Lillian Wan. This recent guidance aligns with previous opinions, reinforcing the standards expected of judges in New York State regarding ethical conduct and the acceptance of benefits.
